ILCS » Chapter 820 · Act 115

820 ILCS 115/5

Every employer shall pay the final compensation of separated employees in full, at the time of separation, if possible, but in no case later than the next regularly scheduled payday for such employee

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(820 ILCS 115/5) (from Ch. 48, par. 39m-5)
    Sec. 5. Every employer shall pay the final compensation of separated employees in full, at the time of separation, if possible, but in no case later than the next regularly scheduled payday for such employee. Where such employee requests in writing that his final compensation be paid by check and mailed to him, the employer shall comply with this request.
    Unless otherwise provided in a collective bargaining agreement, whenever a contract of employment or employment policy provides for paid vacations, and an employee resigns or is terminated without having taken all vacation time earned in accordance with such contract of employment or employment policy, the monetary equivalent of all earned vacation shall be paid to him or her as part of his or her final compensation at his or her final rate of pay and no employment contract or employment policy shall provide for forfeiture of earned vacation time upon separation.
(Source: P.A. 83-199.)

    
Notes of Decisions
Cited in 62 cases (9 in the last 5 years), 1995–2026 · leading case: Andrews v. Kowa Printing Corp.
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Andrews v. Kowa Printing Corp. (2005) ill · cites it 12× “Following the foreclosure, plaintiffs filed a complaint alleging that Kowa Printing, Thomas Kowa, and Huston-Patterson were plaintiffs' employers, as defined by the Wage Act, and that all three had violated section 5 of the Wage Act, which requires every employer to "pay the…”
Marriage of Abrell v. Abrell (2010) ill · cites it 6× “In fact, it is possible that in some cases, an employer might change its policy concerning the right to receive compensation for accrued sick days, limiting or eliminating that right entirely. Similarly, in cases where provided for in a collective-bargaining agreement, an…”
Studer v. Katherine Shaw Bethea Hospital (2017) ca7 · cites it 2× “She cites a section of the IWPCA, 820 ILCS 115/5, which requires “[e]very employer [to] pay the final compensation of separated employees in full, at the time of separation.”
Daniels v. Board of Educ. of City of Chicago (1996) illappct · cites it 6× “820 ILCS 115/5 (West 1992). Defendant moved to dismiss for lack of subject matter jurisdiction.”
Elsener v. Brown (2013) illappct · cites it 3× “” 820 ILCS 115/5 (West 2012). ¶ 51 We note that, as at trial, defendant does not dispute that plaintiff was owed severance pay by the letter of the employment contract.”
Andrews v. Kowa Printing Corp. (2004) illappct · cites it 2× “” “Final compensation” is defined as “wages, salaries, *** and the monetary equivalent of earned vacation *** and any other compensation owed the employee by the employer pursuant to an employment contract or agreement between the [two] parties.”
Armstrong v. Hedlund Corp. (2000) illappct · cites it 3× “The order specifically stated: “Plaintiffs cause of action arose and accrued on October 18, 1993 (the date of her alleged termination) and not a later date that the Defendants could have relied upon under 820 ILCS 115/5 [(Wage Act)], the cause of action accrues for statute of…”
Zabinsky v. Gelber Group, Inc. (2004) illappct “” 820 ILCS 115/5 (West 1994). The Act defines “final compensation” as “wages, salaries, earned commissions, earned bonuses, and the monetary equivalent of earned vacation and earned holidays, and any other compensation owed the employee by the .”
People Ex Rel. Illinois Department of Labor v. General Elec. Co. (2004) illappct · cites it 2× “Because General Electric did not pay this amount, on July 13, 2000, the Department filed a complaint against General Electric, alleging that General Electric violated section 5 of the Wage Payment and Collection Act (820 ILCS 115/5 (West 2002)) by refusing to pay Hogue for the…”
Byung Moo Soh v. TARGET MARKETING SYSTEMS (2004) illappct “820 ILCS 115/5 (West 1992). An employer convicted under the Act for intentionally withholding or delaying the payment of wages or final compensation is guilty of a Class C misdemeanor.”
Koules v. Euro-American Arbitrage, Inc. (1998) illappct · cites it 3× “820 ILCS 115/5 (West 1996). Section 5 also generally requires an employer to include in the final compensation payment the monetary equivalent of all earned but unused vacation time that the employee was entitled to at the time of his separation.”
Emerald Casino, Inc. v. Illinois Gaming Board (2003) illappct “2d 163 (2000) (Wage Act (820 ILCS 115/5 (West 1998)) specified employer “shall” pay final compensation on the day of an employee’s separation “if possible”).”
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